Flowify APP Terms of Use

1. Scope of the Terms of Use

(1) These Terms of Use apply to the use of the APP FLOWIFY AI (hereinafter referred to as APP).

(2) These Terms of Use explain all rights, obligations, responsibilities, and details regarding the provider's services. Use of the app is conditional upon the user's acceptance of these Terms of Use. If the user accepts these Terms of Use by ticking a box after first opening the app and continues to use it, a contract for the use of the app is concluded between the user and the provider. The user may terminate this contract at any time by uninstalling the app from their mobile device.

(3) The currently valid terms of use can be accessed and printed at any time in the app.

2. User account

(1) To create an account, a user account is required. This consists of an email address and a password (“login data”). To create an account, the user needs a valid email address to which they can receive a verification code. They must provide this email address when creating the account. They will then receive a one-time code to verify their email address, which must be confirmed in the app.

(2) The user warrants that the data used in creating his profile (“profile data”) is accurate and complete.

(3) The contract language is exclusively German.

(4) The provider does not charge you, the end user, any fees for using the app, its content, and its functions. However, to access the content or receive SMS messages, the user needs an internet/GPS connection. Depending on the terms of your mobile phone contract, this will incur corresponding telecommunications costs from the user's telecommunications provider.

3. Using the account

(1) The user must be at least 16 years old to use the services of the app or be of the age required in their country to register or use the services.

(2) The provider is entitled at any time to block access to individual content, e.g., if there is suspicion that it violates applicable law or the rights of third parties. The user has no right to the continued availability of individual functionalities of the app.

(3) The provider strives to ensure the uninterrupted operation of the app. This is naturally limited to services over which the provider has control. The provider is free to restrict access to the app, in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, or other events beyond its control.

4. User's duty to cooperate

(1) The user undertakes to comply with applicable law (e.g. criminal law, competition law and youth protection law) when creating and using their own content and not to infringe any rights of third parties (e.g. name rights, trademark rights, copyright rights and data protection rights).

(2) The user undertakes to the provider that any content uploaded to the account does not violate applicable law or accepted ethical standards, either in its content or form. In particular, the distribution of content that is prohibited is not permitted.

• Racism

• Glorification of violence and extremism of any kind

• Incitement and provocation of criminal offenses and violations of the law, threats against life, limb or property

• Incitement against individuals or companies

• statements that violate personal rights, defamation, libel and slander by users and third parties, as well as violations of fair competition law

• Copyright-infringing content or other violations of intellectual property rights

• Sexual harassment of users and third parties

• Pornography

• Contain, relate to, or include offensive, sexist, obscene, vulgar, abhorrent, or disgusting materials and expressions.

(3) The user of the app undertakes to use the app only for the purpose of transmitting measurement results.

5. Further obligations of the user to cooperate

(1) Without the express permission of the provider, the user may only use the app for private purposes and may not advertise for himself or third parties.

(2) The user is obliged to handle the login data carefully. The user is strictly prohibited from disclosing the login data to third parties and/or enabling third parties to access the profile by circumventing the login data.

(3) The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the app or the underlying technical infrastructure. This includes, in particular:

• the use of software, scripts or databases in connection with the use of the app;

• the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the app;

(4) Should any malfunctions occur during the use of the app or its functionalities, the user shall inform the provider of these malfunctions immediately. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

6. Usage rights

(1) Downloading the app does not grant the user any copyright or industrial property rights. Unless otherwise stipulated in a separate agreement with the provider, the services are provided by the provider exclusively for personal and non-commercial use.

(2) The APP and the data, content and information provided through it may not be misused.

(3) For the use of the APP by the user, the provider grants a simple, non-exclusive, non-transferable right to use the APP and its contents, in particular data, texts, graphics, images, films and other content of the APP, which is limited in time to the installation on the terminal device and is revocable at any time.

(4) The right of use permits the user to download the app, save it on their mobile device, and use it for personal use, as well as to access the stored data, documents, and information. Any use beyond the scope of the contract is expressly excluded.

(5) In particular, the user is not permitted to modify, copy, delete, distribute, transfer, reproduce, publish, sell, disseminate, license, or make available to third parties, whether for consideration or free of charge, the APP itself, its layout and design, the services, databases, information, documents, and data, including rental, leasing, and lending. The user is also specifically prohibited from modifying, reverse engineering, decompiling, disassembling, or otherwise determining the source code of the APP and creating derivative works therefrom. The information and content offered with this APP, the APP itself, as well as the underlying software and documentation, are protected by copyright and other laws and agreements concerning intellectual property. The user will respect these rights and undertakes, in particular, not to remove the trademark and copyright notices from the information, texts, data, graphics, images, and videos, nor from the APP itself, the software, or the documentation. Furthermore, Sections 69a et seq. of the Copyright Act remain unaffected.

(6) The provider expressly reserves the right to exclude the user from using the app in the event of a corresponding violation of legal regulations and these terms of use.

(7) The provider expressly reserves the right to modify, remove or add new features to this app and its functions and features, and to introduce new restrictions on the services.

(8) These Terms of Use also apply to all updates and enhancements to the App provided by the Provider, unless these are subject to a separate agreement provided with the update or enhancement. The Provider expressly reserves the right to amend, adapt, and supplement these Terms of Use at any time.

7. Liability

(1) The provider makes no representations or warranties regarding the suitability, fitness, availability, reliability and functionality of the app and its services, as well as the data, information and documents published therein, for any particular purpose.

(2) The provider shall not be liable if the user uploads data/images to the app that go beyond the purpose of using the app (collection of purely measurement results).

(2) The provider shall not be liable for damages of any kind, including consequential damages or other damages, arising from a failure to use, the non-existence or interruption of a communication line, unless caused by the provider.

(3) The provider assumes no liability whatsoever, except in cases of intent or gross negligence, for the accuracy, timeliness, freedom from errors, freedom from proprietary and copyright notices, usability and completeness of the data, content, information and documents provided, as well as for their selection.

(4) The provider shall also not be liable for damages caused by errors, delays or interruptions in transmission, malfunctions of technical equipment, incorrect or incomplete data provided by the user, viruses or in any other way during the use of the emergency app, unless the provider caused this intentionally or through gross negligence.

(5) The provider is only responsible for content it has created, published, and distributed itself. The provider assumes no liability whatsoever for content that can be accessed via hyperlinks from the app; the provider has no influence over such content.

(6) The provider expressly points out that GPS reception may be disrupted inside buildings or vehicles, and that in areas with weak mobile network coverage, GPS reception may be disrupted or even impossible because the GPS receiver cannot send a position report. Disruption of the mobile network and the GPS receiver can also be deliberately caused by jamming devices. This can make it difficult or even impossible to determine your location.

(7) The provider accepts no liability whatsoever for insufficient mobile network coverage, disruption or interruption of the mobile network and/or the GPS receiver or transmitter.

(8) While the provider makes every effort to keep the app virus-free, it does not guarantee that it is virus-free. As a user, you are obligated to ensure that you have adequate security measures and virus scanners in place before downloading and using the app for the first time, both for your own protection and to prevent virus attacks on the app.

(9) The app complies with the legal requirements of the Federal Republic of Germany. However, the provider assumes no guarantee or liability that the app, the underlying software, and the information, data, texts, graphics, images, and videos provided may be downloaded and accessed in other countries. If the user accesses the app, its functions, and content from countries other than the Federal Republic of Germany, they are responsible for complying with the applicable national law. Access to the app, its functions, and content from countries where this would be illegal is prohibited.

(10) Furthermore, any liability, in particular not limited to consequential damages, is excluded unless the provider is liable under the Product Liability Act, for intent or gross negligence, for injury to life, body or health of a person, for the assumption of a guarantee, for the fraudulent concealment of a defect or for the breach of essential contractual obligations (cardinal obligations).

(11) Unless the provider caused the damage intentionally, fraudulently or through gross negligence, compensation for damages due to the breach of cardinal obligations is limited to the foreseeable damage typical for this type of contract.

8. Right to exemption

The user shall indemnify the provider and its employees or agents against all third-party claims arising from alleged or actual infringement of rights and/or violations of third-party rights caused by the user's actions in connection with the use of the app. Furthermore, the user agrees to reimburse the provider for all costs incurred as a result of such third-party claims. Reimbursable costs include the costs of reasonable legal defense.

9. Contract duration/termination

(1) The contract shall be for an indefinite period and may be terminated by either party at any time without notice and without giving reasons.

(2) In addition, the parties’ right to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

(3) The provider has a valid reason to terminate this contract if the user persistently breaches his obligations under clauses 4, 5 or 6 of this contract.

10. Data protection

(1) Simply downloading the app does not transmit any personal data to the provider.

(2) The provider's privacy policy explains how it collects and uses information provided by the user and information that may be associated with the user.

11. Final Provisions

(1) Should the contract contain any invalid provisions, the validity of the remaining provisions shall remain unaffected.

(2) This Agreement shall be governed exclusively by German law.

12. Dispute Resolution

The provider does not participate in dispute resolution proceedings before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters requires that the user nevertheless be informed of a consumer arbitration board that is competent for them.

General Consumer Arbitration Board of the Center for Arbitration e. V., Straßburger Straße 8, 77694 Kehl. Internet: www.verbraucher-schlichter.dee